The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1887-06-27
THE ASSAULT CASE.
Third Day of the Proceedings in
Court.
The Case Concluded. and the Ac-
eused Discharged.

The hearing of the case against II. NJ.
Whitney, Jr., c. Widemann and J. NJ.
Dowsett was resumed in the Police Court
on Saturday shortly before 10 a. m, and
occupied the attention of Judge Dayton
until dusk A large number of interested
spectators were present during the day
including the British Commissioner and
| other distinguished persons. The Marshal,
assisted by his Deputy, conducted the
| prosecution, and Mr.. F. NJ. Hatch and
| Messrs Whiting & Creighton appeared for
! the defense.
The case for the defense was resumed,
the first witness called being
j. NJ Dowsett, one of the defendants,
who depOsed-I was at Muller's Saturday
night (15th) with some others. All, with
the exception of two or three who went a
little ahead, left together about 1 a. IN.
After leaving the house none of us made
any loud noises whatever. We walked
leisurely down the front avenue to the
gate, where we stopped and opened it.
Some were standing on the sidewalk,
others going through the gate, when we
observed two horsemen about the junction
of Hotel and Richard streets. They rode up
opposite the gate, stopped and turned their
horses heads towards Muller's gate, upon
which one of the party remarked, "What
do these fellows want?" Nothing had
been said to them prior to that. After the
remark ] turned round and recognized
Robinson. l remarked, There is my
friend Robinson, who tried to arrest us
Il L;
little towards me and said, Yes, know
you, Jack DOwsett, - you You are
the man I want" | said, 'Well, what is
it you want?" Just then Dias came up
on my left and faced me, asking me did 1
want to fight. Immediately? asked the
Marshall Yes, Immediately. 1 replied
that l would not fight bim as long as he
had that badge on, pointing to the badge
on his breast. He repeated his first re-
mark, and dared me to hit him first. l
replied, No; l hit no policeman; but if
you want to fight take off that badge and
come into the yard and I'll fight you"
Muller at this time stepped in and re-
peated nv remark to Dias about coming
into the yard, saying that Dowsett would
fight him, which was no sooner said than,
without any word of arrest, Dias jumped
at me, with the intention, l suppose, of
picking a fight. l here used the express
sion, Noho MALE oe," to Dias, but no at
tention was paid to it, and Dias and Rob
inson both had hold of me. A general
scuff1e ensued, in which some of my
friends took part, and Dias and L fell to-
gether on the sidewalk. As soon as re-
gained my legs L saw c. n. Arnold, who
asked me to get inside the gate, as there
they could not touch me. Just as l got
to the gate | presume another rush was
mace ne, but I managed to keep clear,
and -. ID inside the makai side. At that
point | turned round and saw three or four
figures on the ground Just inside the gate
and blows were passed between them.
They then went outside, l remaining in
side with one or two of our party. / |
looked over the fence and saw Muller in |
the hands of three policemen, being |
dragged down the street, and Whitney in |
the hands of two or three more | then |
turned to the police in front of the gate |
and explained as well as 1 could the facts |
of the case in native. AT this point Rob-
inson stepped up with his billy in his
hand, shook it in my face. and said if 1
dared to come out of the gate he would hit
me, using bad language. The scramble
was all over then. Recognizing Officer
Dole, called him inside the gate and ex-
planned to him how the thing started He
made a remark in native to the effect that
these were new men, and if he had been
there it would not have happened. The po-
lice outside then asked permission to come
and look for the badge, and said, Ger
tainly, come in" Two or three (Dias
among them) came IN and looked for it
with matches but didn't find it, After
that they went out and Robinson got on
ais horse and rode away, calling OFT,
Jack DowSett, you are -- coward -
BY this time the other gentlemen had been
marched off TO the Station House and we
vent towards home. / never saw Dias
before that | remember. l have heard the
about Muller being in charge
nd my trying to take him away That
ldn't happen at all. l didn't strike Dias
r Robinson, or raise my hand; only tried
0 free myself. Neither of them said any
hing about arresting me or taking me to
he Station House. 1 had hold of no
pIo6 VI DIItie- DldS 0dO MS coat {
hen he rode up, and off when he came up
D me. His badge was on his left breast on
is shirt; | could not see it when he was
n horseback. l didn't see Whitney or !
Videmann strike Dias. / should have
cen it il they had In the struggle be-
ween Dias and me he got hold of me first.
nd L took hold of his arm TO stop him. |
lit him trying to throw me. He had one !
RIM round my body and the other round ,
~ neck, l saw no one grab his badge off. :
nd l remember no remark about it. :
ardly think it could have been done .
ithout my seeing it. :,
The Marshal-Would you not be very
ad to get out of this scrape? :,
Mr. Wilmington need not answer. :,
ne question is impertinent. -
Cross examined, the witness stated that :
ere could not have been any ill-feeling :,
tween him and Dias, as they had never ~
ct before or no strong language was -
ed until Dias caught hold of him. TAT -
request of the Marshal, witness gave -
illustration of the mode of attack upon NJ
nsef by Dias.l Was not angry, but :,